How v. How, 2011 MBQB 224

• Judge: Midwinter, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: September 20, 2011
• Jurisdiction: Manitoba
• Citations: 2011 MBQB 224;(2011), 269 Man.R.(2d) 184 (QBFD)

How v. How (2011), 269 Man.R.(2d) 184 (QBFD)

MLB headnote and full text

Temp. Cite: [2011] Man.R.(2d) TBEd. OC.001

Rhonda Dianne How (petitioner) v. Gerry Victor How (respondent)

(FD 03-14-00082; 2011 MBQB 224)

Indexed As: How v. How

Manitoba Court of Queen's Bench

Family Division

Dauphin Centre

Midwinter, J.

September 20, 2011.

Summary:

The respondent husband moved to vary the child support provisions in a variation order which had been upheld on appeal (see 251 Man.R.(2d) 117; 478 W.A.C. 117). The petitioner wife moved for various relief, including an order that all proceedings filed by the husband be stayed pending payment of costs pursuant to the variation order or that he provide for security for costs, and that the husband be found in contempt of the variation order. The wife's motion for relief was heard first. The husband's motion was stood over.

The Manitoba Court of Queen's Bench, Family Division, allowed the wife's motion for a stay of proceedings until all costs were paid, and dismissed her application for both an order for security for costs and the finding of contempt. The court allowed the costs as requested on the current motion.

Family Law - Topic 2540

Maintenance of wives and children - Enforcement - Orders - Costs - The respondent husband moved to vary the child support provisions in a variation order - He had been unsuccessful in an appeal of the order - The petitioner wife moved for various relief, including an order that all proceedings filed by the husband be stayed pending payment of costs pursuant to the variation order or that he provide for security for those costs, and that the husband be found in contempt of the variation order - The wife's motion was heard first; the husband's motion was stood over - The husband had $9,000 more in income than when the variation order was granted, and had removed substantial debts by bankruptcy - He had to be garnished for his arrears - His increased income would likely result in an increased amount of child support - Accordingly, the Manitoba Court of Queen's Bench, Family Division, allowed the wife's motion for a stay of proceedings until all costs were paid, and ordered a stay of the husband's motion for a variation - Security for costs would amount to the same thing - The court exercised its discretion in not pursuing the issuing of a contempt order in view of the practical effect of the stay of proceedings.

Family Law - Topic 4054.9

Divorce - Corollary relief - Maintenance - Enforcement - Costs - [See Family Law - Topic 2540 ].

Practice - Topic 5277

Trials - General - Stay of proceedings - When available - [See Family Law - Topic 2540 ].

Cases Noticed:

Winkler v. Winkler (1990), 66 Man.R.(2d) 285 (C.A.), consd. [para. 21].

Partridge v. Partridge (2008), 230 Man.R.(2d) 51; 2008 MBQB 161 (Fam. Div.), consd. [para. 29].

MacIver v. MacIver (1997), 117 Man.R.(2d) 154 (Q.B. Fam. Div.), refd to. [para. 29].

Dickson v. Dickson (2011), 263 Man.R.(2d) 114; 2011 MBQB 55 (Fam. Div.), refd to. [para. 29].

Counsel:

K. Rhodel Ferriss, for the petitioner;

S. Abel, for the respondent.

This motion was heard before Midwinter, J., of the Manitoba Court of Queen's Bench, Family Division, Dauphin Centre, who delivered the following judgment, dated September 20, 2011.